Subway death sparks protests: accused attacker released on bail

The incident sparked protests after a bystander’s video went viral online, though some have cast Penny as a vigilante hero. Hours after turning herself in, Penny was released pending his trial. He declined to plead guilty or not guilty.

Penny’s lawyers have said their client acted in self-defense when he pinned Neely to the floor of the subway car with the help of two other passengers and suffocated him for several minutes.

Lawyers for Neely’s family said the man — with a history of mental illness — was not hurting anyone and did not deserve to die. An autopsy ruled Neely’s death a homicide due to neck compression.

“Jordan Neely should still be alive today,” Manhattan District Attorney Alvin Bragg stated.

A judge authorized Penny’s release on $100,000 bail and ordered her to surrender her passport and not leave New York without permission. Prosecutors said they will seek an indictment by a grand jury. Penny is due back in court on July 17.

Penny did not speak to reporters upon her arrival at a Manhattan police station accompanied by her attorneys. He also did not respond to questions thrown at him by reporters when he was escorted and handcuffed out of the police station several hours later. If he is found guilty, Penny could face up to 15 years in prison.